I worked as assistant manager (manager on duty at time of incident) for school/residential program serving children with autism and developmental disabilities. During a shift many years ago all the children had the flu. One died. Now his family/estate are suing the school and requiring my... Read more »
If you are a witness who has relevant information on a matter before a Court of the Commonwealth and properly served with a subpoena you do need to attend and you have the right to obtain counsel to represent you in the deposition as well. This is akin to jury duty in that participation is...Read more »
The negligence (liability) component of the case would not change, i.e. was there a duty of care breached by the defendant? There are, however, different procedural and damages elements for a wrongful death case, as compare to a personal injury case. A lawyer can provide specific guidance,...Read more »
I assume by "other person" you are referring to a potential defendant who allegedly caused or contributed to the death at issue. Wrongful death claims can be brought by the decedent's estate against any person or entity who caused, or substantially contributed to cause, the alleged wrongful death....Read more »
Did father have a Will? Was he intestate? Generally the Personal Rep. brings the action for the Estate. However, importantly You have not stated enough facts to determine whether his death was in the context of an accident, medical malpractice , or whether it related to his work and you should meet...Read more »
In such a circumstance, criminal charges will likely be pursued by the State. However, individuals (or Estates of individuals) who have suffered harm my pursue a civil action against the drunk driver, or against an establishment that allegedly served alcohol to an intoxicated patron, contributing...Read more »
In most circumstances, you have 3 years to file a wrongful Death lawsuit in Massachusetts. You usually need to have a representative to the decedents estate appointed by the probate and family court to proceed with a wrongful death action. I suggest you contact an experienced attorney in these...Read more »
Due to Massachusetts Wrongful Death Act, M.G.L. c. 229, an exception to the common law, punitive damages are available if a person or corporation's gross negligence or willful or wanton conduct causes a death.
Depending upon how long ago the death occurred there may possibly be a nursing home malpractice/tort claim which you should investigate as soon as possible. This involves someone being appointed Personal Representative by the Probate Court to obtain medical records of the decedent for an evaluation...Read more »
A family member passed away 9 years ago and the cause of death was listed as accidental, but the toxicology report shows 2 prescribed drugs were in system of the deceased. After many years passed we have since learned that these 2 drugs are dangerous when prescribed together and they are... Read more »
I don't see a case here, let alone one that would survive a statute of limitations problem, but for the sake of closure why not consult a member of the Mass Academy of Trial Lawyers--they give free consultations.
I explained to the operator that he had been diagnosed with/ viral cardiomyopathy 3 years prior and that I think he's having heart trouble again. They asked me if I needed the fire department or the squad? I told them that I needed the squad. The operator transfered me 3 times . My husband died.... Read more »
I would certainly suggest you contact a member of the Mass Academy of Trial Lawyers in your area. If you need the names of some, let me know.
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